St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-15
THE JUDICIAL CONTEST
Judges Jordan and Penny Formally De-
mand the Abdication Of Judges
Bailey and Mahoney,
Which is Refused, and Judge Bailey In
struots the CLERK to Draw No
More Warrants.
Quo Warranto Proceedings to be
Instituted--Comm on the
Singular situation.

The municipal court matter assumed in
teresting proportions yesterday. Judge A.
N. Jordan and Special Judge r. L. Penny
have received their certificates of election
from the city clerk. and have filed their Of
fetal oaths with him. Yesterday afternoon
they went to the municipal court room, and
when Judge Bailey was at leisure Judge
Jordan approached and served a paper on
him, at the same time saying:
1 desire you to vacate this bench and turn
over to me all property, records and papers
belonging or appertaining to the office Of
judge of the municipal court.
Judge Bailey drew himself up and stiffly
said:
court.
AT the same time Judge Penny served a
similar paper and made similar demand
on Judge MahOney, who politely replied:
You may consider the request refused.
Judge Bailey satirically asked Judge Jor-
dan if he might still be allowed the use of
the court room, to which the latter replied
he would pending decision by the supreme
court. This was in reference to plan
discussed some time ago, but since aband-
oned. 1t was proposed by some that mas
much as de facto judges would occupy the
bench until the next election, the easiest
solution OF the difficulty was for Judges
Jordan and Penny to take possession, with
armies, and bar the other judges out; but
as this might not have been supported by
public sentiment. which is now all with
the contestants, it was determined to begin
quo warranto proceedings in the supreme
court. I'VE will be ready in few days, :"
said Judge Jordan. Just as soon as the pc
tition can be made out"
When Judge Bailey announced himself
as the only judge Of the court he turned to
| Clerk Dunn and instructed him to issue no
more warrants in his name. This has Gre
ated considerable discussion, and is assumed
| to mean that criminal business will cease.
| The Interpretation put upon it is that Judge
Bailey means to make play" for public
opinion by refusing to transact criminal
business and laying the blame OLE the con-
teStants, who 'interfered' with the court.
| Judge Jordan said, in relation to this:
| 1 don't see how Judge Bailey can be even
| de facto judge unless he attempts to carry
on the full business of the court and accept
| the responsibilities. Perhaps he thought
would direct Dunn to issue warrants, but
| haven't appointed Dunn clerk yet.
Matt Gallagher, who accompanied the
new judges in their mission. said:
There is not lawyer in good standing, that
|
may be, but will say the terms of Bailey and
Mahony have expired. And 1 have good
reason to believe they are of the same
opinion themselves and expect to resign ano
ask the governor to re-appoint them.
The official demand served on the judges
| by the claimants is as follows:
Sir-You will please take notice that on the
5th day of April, 1887, was Only and regu.
| larry elected TO tae Office of judge of the mu
nicipal court of the city of Minneapolis, here
tofore held and now exercised by you; thai
on the 18th day Of April. 1887, was duly de-
clared elected to said Office by the city coun-
ell of said city, and that on the 14th day OF
April thereafter took and subscribed to the
oath Of Office prescribed by law for said Office
aud FLED the same at the Office of said city
clerk, and have duly and regularly qualified
for said Office. And 1 hereby demand thai
you turn said Office over to me, together will
all books. papers, records and property be-
longing to or pertaining to said office, ant
that you forthwith cease to hold or exercise
said Office.